SECOND DIVISION[G.R. No. 116595. September 23, 1997]PEOPLE OF THE PHILIPPINES,
. JESUS PALOMA Y GUBATON,WILLIAM DOE AND CRISTINA AMORSOLO PALOMA,
.D E C I S I O NPUNO,
.:On January 29, 1992, an information was filed against spouses Jesus andCristina Paloma and "William Doe", charging them with Serious IllegalDetention, committed as follows:"That on or about and within the period from August 14, 1991 to August 15,1991, in the City of Legazpi (sic), Philippines, and within the jurisdiction of thisHonorable Court, the above-named accused who are private individuals,conspiring, confederating and mutually helping one another for a commonpurpose, did then and there, wilfully, unlawfully and feloniously detain RosarioB. Amorsolo, a female, in the following manner: When Rosario B. Amorsolowas in the house of accused Jesus G. Paloma accused "William Doe" tied herhands with wire on her back while accused Jesus G. Paloma covered her headwith a knapsack and told her that accused "William Doe" was a policemanand accused Cristina Amorsolo Paloma asked Rosario B. Amorsolo to sign adocument for the withdrawal of a civil case; and as a consequence thereof said Rosario B. Amorsolo was deprived of her liberty against her will for aperiod aforestated."CONTRARY TO LAW."When arraigned, Jesus and Cristina Paloma pleaded not guilty. "William Doe"is still at-large. The prosecution presented the following witnesses:ROSARIO BALDOZA AMORSOLO is the 71 year old victim and mother of accused Cristina Paloma. She testified that on August 13, 1991, at 8:00o'clock in the morning, she was in Banadero, Albay, when Jesus Paloma, herson-in-law, informed her that Cristina wanted to talk to her. She proceeded toher daughter's house in Cabangan, Legaspi City and arrived there at 10:00o'clock in the morning. Cristina was not home and Jesus asked her to wait.Cristina came home at 7:00 o'clock in the evening but went straight to herbedroom, followed by Jesus. When Jesus came out of the bedroom, he toldher that Cristina was tired and would talk to her in the morning. She passedthe night in their house. The following day, August 14, she woke up at 6:00a.m. and waited for her daughter. Jesus told her that Cristina momentarilywent out of the house but would be back soon. She went to the kitchen towash her face. Shortly, Jesus came and told her that a man from Banaderowas looking for her. She proceeded to the sala and saw a man she did notrecognize. Suddenly, the man stood up and tied her hands at her back. Jesusordered her not to move because the man was a police officer. Jesus thencovered her head with a knapsack. She felt weak and fell on the floor. Sheheard Jesus call his son Reynante. When Reynante did not answer, Jesushimself carried her inside the bedroom. Jesus pushed her on the bed and tiedher feet. She remained inside the bedroom until the next morning. When Jesus came back, she asked him to let her talk to Cristina. At 9:00 a.m., shefinally talked with Cristina. Cristina asked her to sign a document withdrawinga land case against them. She refused. She pleaded with them to let her go. Jesus agreed but warned her against telling her husband about the incident. They released her at 10:00 a.m. She reported the incident to the police andthen went to the Albay Provincial Hospital. She also filed a complaint with thebarangay court of Banadero.BIENVENIDO MIRASOL, 68 years old and a resident of Banadero, Albaytestified that he knew the victim, Rosario Amorsolo, because he was renting ahouse owned by her. On August 14, 1991, at about 7:00 a.m., he looked forher to pay his rent. Alfred Manila, his neighbor, told her that Mrs. Amorsolowas in the house of Jesus Paloma in Cabangan, Legaspi City. He went toCabangan to see her. Upon reaching the house of Jesus, he saw that the doorwas open. He entered the house and saw Mrs. Amorsolo on a kneelingposition with both hands tied at her back. He rushed out of the housebecause he was frightened. When he glanced back, he saw through thewindow Mrs. Amorsolo's head covered by a knapsack. He hurriedly took a jeepney and returned home. He did not report the matter to the police or thebarangay officials. On October 1, 1991, he executed an affidavit relating theincident before the Commission on Human Rights.DR. ROGELIO RIVERA testified that on August 15, 1991, he was working at theAlbay Provincial Hospital when he treated Rosario B. Amorsolo for someinjuries. He found a linear reddish discoloration on her right dorsal forearmwhich could have been caused by tying a piece of string or wire on it. He alsofound contusions on her left shoulder which could have been caused by a fistblow or any blunt object or instrument applied on the area. He did not findany mark of rope or string on Mrs. Amorsolo's wrists.